Scranton City Council's threat to oppose zoning variances sought by nonprofit organizations to prevent the removal of properties from tax rolls has caught the attention of state and national nonprofit groups.

In a recent newsletter to its members, the Pennsylvania Association of Nonprofit Organizations, which has more than 600 members in the state, cited comments made by Scranton council members and its solicitor at the Sept. 20 council meeting that the council would oppose any variances sought by nonprofit organizations in the city.

The issue, raised by council solicitor Boyd Hughes at the request of council President Janet Evans, came in response to the University of Scranton's Sept. 7 lawsuit against the city over its new 15 percent parking tax. The university, a tax-exempt entity, believes it should be exempt from the parking tax, according to that lawsuit.

The PANO newsletter stated "Scranton openly discriminates against nonprofits," and added, "The current effort to single out nonprofit organizations for the denial of legal rights is raising equal protection questions under the U.S. Constitution."

The newsletter erroneously states that council "adopted a proposal to deny all zoning and waiver applications" from nonprofits. The council did not adopt any proposal on the issue, but rather agreed to send a letter to the city zoning board asking to be given notice of any applications for variances filed by any nonprofit group, large or small. If any such variances are filed, Mr. Hughes said he would then represent the council before the zoning board to oppose the variance.

Variances and exceptions are like waivers that, under certain circumstances, zoning boards have the right to grant so a development can proceed even though it does not meet all requirements in the city zoning ordinance.

A city council automatically has the right to challenge variance requests, though it is not clear if that has ever happened before in the city. Though it appoints zoning board members, the council has no power to decide a variance before the zoning board.

Efforts to reach Mrs. Evans and Mr. Hughes were unsuccessful.

A representative of PANO was not available Wednesday to discuss that organization's newsletter, but questions on the matter were referred to the National Council of Nonprofits.

This national group also has been keeping tabs on increasingly strained relationships between a few Keystone State municipalities and their nonprofit institutions, said David L. Thompson, the vice president for public policy for the National Council of Nonprofits.

"We are watching closely Pennsylvania and Scranton, because the rhetoric has gone farther than the usual 'paying their fair share' " comments from municipalities regarding nonprofits. "There's a surliness coming out of Pennsylvania and Scranton."

Mr. Thompson said of the Scranton council's comments on opposing variances, "The variance thing is as close to extortion as you can get and may cross the line. They're focusing on a sector of the economy and saying, 'We can't get you legally, so we're going to do it from the bully pulpit.' "

In tough economic times, and with elected officials loath to raise taxes, nonprofits throughout the nation are increasingly coming under pressure from their host communities who may see them as easy marks with deep pockets, Mr. Thompson said. As charitable institutions, nonprofits are prohibited from partisan politicking, contributing to campaigns or advocating for or against a candidate.

"So, we're a pot of money that seems available, and we can't swing back politically," Mr. Thompson said.

Contact the writer: jlockwood@timesshamrock.com

A story on Page A1 of Wednesday's editions incorrectly stated the Pennsylvania Association of Nonprofit Organizations wrote a newsletter critical of Scranton City Council's recent threat to oppose variances sought by nonprofits. In fact, the newsletter was from the National Council of Nonprofits.

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